Summary: We upheld Mrs X’s complaint about SEN transport provision for her child. The Council agreed to resolve the complaint early by paying Mrs X a symbolic payment of £200 to acknowledge the injustice caused.

The complaint

1. Mrs X complains the Council failed to provide safe and suitable transport for her child (Y).
2. Mrs X says the Council ignored her warnings about the impact on Y’s health and it failed to complete a risk assessment.
3. She says the Council failed to respond to calls and emails, missed complaint and appeal deadlines and gave vague or contradictory updates.
4. Mrs X says she and her husband had to drive Y to college. She says it had a significant impact on her family and a decline in Y’s wellbeing.
5. Mrs X wants the Council to issue an apology to her family and remedy the impact the issues have caused.

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The Ombudsman’s role and powers

6. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended).
7. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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How I considered this complaint

8. I considered information provided by the complainant and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. If we investigated this complaint, we would likely find fault because in the Council’s complaint response it partially upheld Mrs X’s complaint but did not fully remedy the injustice caused to Mrs X.
11. The Council agreed to repay any mileage costs Mrs X incurred. Around two months after this response the Council agreed to change the transport arrangements provided to Y. However, there was significant avoidable delays, and we do not consider the time, trouble and uncertainty Mrs X experienced was remedied.
12. We therefore asked the Council to consider remedying the injustice caused to Mrs X by its delay’s in resolving her complaint.

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Agreed action

13. The Council agreed to make a symbolic payment of £200 to Mrs X to acknowledge the time, trouble and uncertainty caused by its delays. The Council should complete the agreed actions within four weeks of this decision.

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Final decision

14. We have upheld this complaint, and the Council has agreed to resolve it early by providing proportionate remedy for the injustice caused to Mrs X.

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Investigator's decision on behalf of the Ombudsman